The appeal by the Law Society of Upper Canada from a decision setting aside a finding of professional misconduct and the imposition of disbarment of a lawyer (“Igbinosun”) was dismissed where the Court found that the Hearing Panel had denied Igbinosun natural justice by refusing to adjourn proceedings to permit counsel to attend

28. July 2009 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and suspensions – Hearings – Conduct of hearings – Judicial review – Procedural requirements and fairness – Natural justice – Delay – Stay of proceedings Igbinosun v. Law Society of ...

The application by Taticek for judicial review of an investigator’s decision dismissing his complaint was allowed where the Court found that the investigator failed to forward a draft report or documentation, as promised, and merely issued her final report breaching a duty of procedural fairness owed to Taticek

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Government employees – Employment law – Competition for employment – Investigations – Judicial review – Procedural requirements and fairness – Evidence – Disclosure – draft report Taticek v. Canada (Attorney General), [2009] F.C.J. No. 474, Federal Court, April 9, 2009, Phelan J. Taticek, a federal public servant, ...

The appeal by Carter from the dismissal by the Supreme Court of her petition for judicial review of the decision of a British Columbia Human Rights Tribunal (the “Tribunal”) which had dismissed her complaint under Section 27(1)(d)(ii) of the Human Rights Code, R.S.B.C. 1996 c.210 (the “Code”) was dismissed where the Court agreed that the Tribunal was within its jurisdiction to dismiss the claim in circumstances where proceeding would have resulted in the same or nearly the same award as a rejected and reasonable settlement offer

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction – Public interest – Employment law – Termination of employment – Human rights complaints – Discrimination – Disability – Judicial review – Jurisdiction of tribunal – Standard of review – Patent unreasonableness – Natural justice Carter v. Travelex Canada Ltd., [2009] B.C.J. ...

The appeal by an injured worker (“Young”) from a decision of the Workers’ Compensation Appeal Tribunal (the “Tribunal”) limiting his entitlement to extended earnings replacement benefits was dismissed where the Court found that the Tribunal had evidence upon which to conclude that Young was capable of working after his initial accident in 1997, despite later becoming unable to work because of disk herniation

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Loss of earnings – Transferable skills – Test – Judicial review – Evidence – Compliance with legislation Young v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2009] N.S.J. No. 157, Nova Scotia Court of Appeal, April 15, 2009, J.W.S. ...

The appeal by a worker (“Plesner”) from a judicial review of his claim for workers’ compensation was allowed where the Court found that provisions and policies under the Workers’ Compensation Act R.S.B.C. 1996 c.492 (the “Act”), breached his Section 15(1) Charter rights as they require a worker to meet a significantly higher causation threshold for a purely mental work-related injury than required for those who suffer purely physical workplace injuries

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Charter of Rights and Freedoms – Workers compensation – Benefits – Traumatic event – Psychological injury – employment related – Validity and application of policies – Judicial review – Compliance with legislation – Remedies – Charter relief Plesner v. British Columbia (Hydro and ...

The application by the Victoria Social Club Ltd. (“The Social Club”) for judicial review of a decision of an adjudicator delegated by the general manager of the Liquor Control and Licensing Branch was dismissed where the Court found that the adjudicator’s decision that there had been a contravention of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267 was reasonable

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Liquor Licensing Board – Permits and licences – Suspensions – Adjudication – Interpretation of Evidence – Previous complaints Victoria Social Club Ltd. (c.o.b. The Social Club) v. British Columbia (General Manager, Liquor Control and Licensing Branch), [2009] B.C.J. No. 373, British Columbia Supreme Court, March 2, 2009, ...

The application by a widow of a deceased worker for judicial review of the Workers’ Compensation Board’s decision refusing to set aside an amount payable to the widow under s. 83(5) of the Workers’ Compensation Act was dismissed for delay

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Judicial review – Delay Holowachuk v. Saskatchewan (Workers’ Compensation Board), [2009] S.J. No. 109, Saskatchewan Court of Queen’s Bench, February 12, 2009, R.C. Mills J. A widow (“Holowachuk”) applied for judicial review of the Board’s decision refusing to ...

An owner of property (“Gowman”) that was located within the Agricultural Land Reserve (the “ALR”) was successful in having a resolution of the Provincial Agricultural Land Commission (the “Commission”) removing 15 hectares of a neighbouring property owned by H.F. Nodes Construction Ltd. from the ALR declared a nullity on the basis that one of the commissioners involved in the decision was biased

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Agricultural Land Commission – Municipalities – Planning and zoning – Agricultural Land Reserve – Removal process – Notice requirements – Compliance with legislation – Judicial review – Bias Gowman v. British Columbia (Provincial Agricultural Land Commission), [2009] B.C.J. No. 364, British Columbia Supreme Court, February 27, 2009, ...

The application by an unsuccessful bidder on a government contract (“Bergevin”) for judicial review of a decision by the Canadian International Trade Tribunal was allowed where the Court found that the Tribunal erred in its interpretation of a contract awarded to the Bergevin’s competitor as the contract disqualified those involved in the planning process from bidding on the consulting contract

28. April 2009 0
Administrative law – Decisions of administrative tribunals – International Trade Tribunal – Government contracts – Procurement process – Approval process – Judicial review – Procedural requirements and fairness – Remedies Bergevin v. Canada (Canadian International Development Agency), [2009] F.C.J. No. 30, Federal Court of Appeal, January 23, 2009, Letourneau, Nadon and Pelletier JJ.A. CIDA was ...